T SHASHIDHAR Vs. S.M. MANJUNATH

JUDGEMENT

(1.) THE present appeal filed under Section 96 of CPC by defendant No. 2 of an original suit bearing O.S. 267/2005, which was pending on the file of II Addl. Civil Judge (Sr. Dn.), Davanagere is directed against the decree granted in favour of respondent No. 1/plaintiff on 6.1.2007. Respondent No. 1 herein was the sole plaintiff and respondent No. 2 is the defendant No. 1 in the said suit.

(2.) PARTIES will be referred to as per their ranking before the Trial Court.

(3.) ACCORDING to the plaintiff, defendant No. 1 had agreed to receive balance sale consideration of Rs. 50,000/ - and to execute a regular sale deed within a period of 3 years from that date. The plaintiff had called upon the defendant No. 1 to execute the regular sale deed on several occasions orally. Inspite of the same, he postponed the same on one ground or the other. Hence, he got issued a legal notice on 22.12.2004 and 12.1.2005 and they were not received purposefully by the defendant No. 1. The plaintiff is stated to be ready and willing to perform his part of contract. Later on he came to know that defendant Nos. 1 and 2 have colluded with each other to create a document i.e., sale deed dated 28.7.2005 in respect of suit property and therefore, he was forced to file a suit for specific performance of contract.